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GAZETTE NOTICE NO. 9907
GAZETTE NOTICE NO. 9907
THE ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION ACT
(No. 8 of 1999)
REGULATION
PURSUANT to regulation 21 of the Environmental Management and Co-ordination (Impact Assessment and Audit) Regulations, 2003, the National Environment Management Authority (NEMA) has received an Environmental Impact Assessment Study Report for the above proposed project.
The proponent Central Rift Valley Water Works Development
Agency proposes to develop Mumias-Kimilili sewerage project which has three main sewers namely M-1, M-2 and M-3.The proposed sewer originates from Ekero market and traverses to the East of Kakamega-
Mumias Rd (C40) and will cross Mumias-Bungoma Rd (C33) near
Finito sports pub as it discharges to the proposed M-3 trunk. The line serve the areas of Ekero market and Ekama and towards areas to the
East of Ekero market and Ekama.
The following are the anticipated impacts and proposed mitigation measures:
Possible impacts Mitigation Measures
Noise and vibration control from plant and equipment
• The Contractor shall keep noise level within acceptable limits and construction activities shall, where possible, be confined to normal working hours.
Planned operations in the residential, hospitals, schools and other noise sensitive areas shall be notified by the
Contractor at least 5 days before construction is due to commence in the said vicinity.
• Any complaints received by the
Contractor regarding noise will be recorded and communicated to the
Resident Engineer.
• The Contractor must adhere to Noise
Prevention and Control Rules of April
2005.
• Acquire Noise and excessive vibrations
Pollution Control Permit and comply with conditions provided by the Environment
Management and Co-ordination, Noise and excessive vibrations Pollution Control regulations of 2009.
Risk of illegal connection to the
Sewer and water pipeline
• Seek official water connection by applying and paying connection fee to the water and sewer provider.
• Constant inspection and monitoring of water and sewer lines by KACWASCO officials to identify and repair leakages on time.
• Institute fines and charges to illegal connections, arrest and prosecute.
• Conduct public sensitization programs on the importance of not interfering with the sewerage and water pipeline.
• Encouraging locals to report cases of illegal connections and damages to the water providers or nearest police station.
Risk of sewer blockage and overflows to the environment
• Undertake community sensitization not to dump solid materials in manholes to prevent blockages.
• Regular cleaning of grit chambers and sewer lines to remove debris that may lead to sewer backups.
• Design manhole covers to withstand anticipated loads and ensure that the covers can be readily replaced if broken to minimize entry of garbage and silt into the system.
• Ensure sufficient hydraulic capacity to accommodate peak flows and adequate
Possible impacts Mitigation Measures slope in gravity mains to prevent build- up of solids and hydrogen sulphide generation.
• Development of an inventory of system components, with information including age, construction materials, and drainage areas served elevations.
Air quality degradation
• Workers will be trained on management of air pollution from vehicles and machinery.
• Construction machinery will be maintained and serviced in accordance with the specifications.
• The removal of vegetation shall be avoided until such time as clearance is required and exposed surfaces shall be re- vegetated or stabilised as soon as practically possible. The contractor shall not carry out dust generating activities
(excavation, handling and transport of soils) during times of strong winds.
• Vehicles delivering soil materials shall be covered to reduce spills and windblown dust.
• Water sprays shall be used on all earthwork areas within 200 metres of human settlement.
• The contractor shall provide all workers in dusty areas with nose masks.
• The contractor shall abide with the provisions of Air Quality regulations of
2014 during the course of executing this assignment.
Risk of farming using raw sewage especially vegetables
• Constant inspection, surveillance and monitoring of sewer line by
KACWASCO officials to ensure that farmers do not divert raw sewer for farming.
• Conduct public sensitization programs on the health risks associated with using raw sewer to grow crops especially vegetables.
• Arrest and prosecute all those who will be found guilty of tampering with the sewer facility.
Waste generation and disposal
• Construction wastes will be collected and disposed of by registered waste handlers at NEMA approved disposals sites in accordance with EMC (wastes) regulations Act, 2006.
• The contractor is encouraged to recycle and reuse materials and resources which are still in good working condition to reduce pressure on natural resources and the quantity of waste to be disposed.
• Contaminated organic matter in the work areas to be isolated for safe disposal material residuals to be disposed of in accordance with established NEMA regulations.
• KACWASCO to work closely with the locals for project acceptance and ownership.
Sludge handling and disposal
• The proponent will ensure that the roofs of the sludge drying beds are always in good condition to ensure quick drying of sludge and appropriate disposal to reduce
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Possible impacts Mitigation Measures odour emanating from wet sludge.
• Workers to be educated and made aware on safe management, handling and application of the sludge cake.
• The quality and safety of the sludge cake should be ensured on a collaborative basis with (public health, agriculture, water and soil) before it is released to the users.
Earth moving and excavations, vegetation clearance, channelling and site preparations
• The contractor shall inform the communities or stakeholders of the planned activities prior to commencement.
• Barrier tapes, notices, signage’s and IEC materials will be relayed to the public for their safety at all locations where the project traverses.
• The contractor will install barriers along walkways, crossings and public places affected by the works for public safety.
• Where there is potential for nuisance from dust generation, ensure earth moving is under dump conditions.
• Construction activities will be limited to project sites/ routes, which already exist therefore limited destruction to vegetation cover.
• Stock piling of top soil, construction materials and wastes should be done only at designated sites approved by the supervising engineer, erosion prevention through berming of loose soil sites should be done in all areas susceptible to agents of erosion.
• Notify other service providers and open sections that can be reinstated within the shortest period to avoid public disruption.
• Mark the lines to avoid conflicts with other activities.
• Install temporary barriers and signage’s in areas under operation.
Spoil storage site
• Preferably to be located on land already cleared wherever possible.
• People within the area shall be involved in the site location to avoid conflict.
• The need to be more than 20 meters from water courses and in a position that will facilitate the prevention of storm-water runoff from the site from entering the watercourse.
• Contouring of spoil site to approximate natural topography and drainage and/or reduce erosion impacts on the site. The
Contractor shall ensure that the placement of spoil is done in such a manner to minimize the spread of materials and the impact on surrounding vegetation and that no materials ‘creep’ into ‘no-go ’areas.
Traffic management on site
• Use of warning signage and tapes where the trenches are open and active sites.
• Employ and train road safety Marshalls who will be responsible for management of traffic on sites.
Spread of stis, HIV and AIDS
• Contractor to develop appropriate training and awareness materials for Information and Education.
• The contractor to provide VCT services
Possible impacts Mitigation Measures and ensure steady supply of condoms.
• Develop an intervention strategy compatible with the construction programme to address success of the
HIV/AIDS prevention and provide peer educators for sustainability in collaboration with other stakeholders;
and, • Integrate monitoring of HIV/AIDS preventive activities as part of the construction supervision. Basic knowledge, attitude and practices are among the parameters to be monitored, and particularly on provision of condoms, status testing and use of ARVs. (Number of trainings, attendance list of participants and training reports).
Local labour / employment
• Wherever possible, the Contractor shall use local labour, and women must be encouraged to be involved in construction work.
• The contractor shall ensure compliance to the gender balance as required by the 2/3 gender rule.
Child protection, sexual exploitation and abuse (SEA) of underage girls
• Workers will be educated by relevant agencies such as police and probation officers on the relevant laws and polices protecting children.
• Reach out to children in and out of school in the vicinity of the construction sites with a life skills program focusing on
HIV/AIDS and sexual abuse prevention among others areas.
• Mobilize and strengthen child protection institutions and structures near construction sites.
• Reach out to school authorities and parents near construction sites on paying special attention to child protection in light of labour influx.
• Partnerships will be established with relevant government agencies and NGOs to ensure children access survivor centred services such as medical care, psychosocial support, legal redress, safety, e.t.c as and when necessary.
• Ensure no children are employed on site in accordance with National Labour laws.
• Ensure that any sexual exploitation and abuse (SEA) of children by the contractors’ workers are promptly reported to the police.
• Popularize /put in place confidential mechanisms and hotlines for reporting child.
Soil Erosion • The contractor/Proponent will ensure that all areas disturbed during the execution of the proposed project are re vegetated back to their former conditions.
• Practice soil control measures(terracing).
• Avoid unnecessary vegetation clearing by limiting machineries to areas marked for clearance.to avoid extended soil degradation and its consequent erosion.
19th August, 2022 THE KENYA GAZETTE
Possible impacts Mitigation Measures
• Stock piling of top soil, construction material and wastes should be done only at designated sites approved by the supervising engineer, erosion prevention through berming of loose soil sites should be done in all areas susceptible to agents of erosion.
Occupational health and safety issues • The contractor to provide construction workers with appropriate PPEs (gloves, safety shoes, overalls, reflectors, nose mask, ear muffs and helmets).
• Provide temporary/mobile toilets and bathrooms for the construction workers at the work sites.
• Provide fully furnished first aid kits accessible by the workers on need.
• Prepare and implement and emergency response plan during project execution.
• Isolate the site for access by the local communities during the construction for their safety and health.
• Contractor to develop and implement a
Health and Safety Plan prior to the commencement of works to be approved by the Resident Engineer.
• A full-time health and safety officer should be employed by the contractor on site during construction phase of the project.
Storage of fuel oils, lubricants, chemicals and flammable materials
• The contractor and his staff should strictly follow and adhere to the specifications of
Occupational Health and Safety Act, EMCA 1999 and others in the development and operation of stores.
Loss of land/displacement • The proponent/Contractor to ensure that land acquisition is done within the provision of Land Act, 2012 Prepare and
Implement RAP recommendations before commencement of any works.
• All the PAPs should be compensated fairly at full replacement cost using current land market value.
• Creation of awareness to PAPs on alternative land use practices.
• Vulnerable PAPs should be offered resettlement assistance whenever possible.
Sanitation issues resulting from both solid and liquid wastes on site
• The Contractor shall follow laws relating to public health and sanitation.
• All temporary/ portable toilets or pit latrines shall be secured to the ground to the satisfaction of the resident engineer to prevent them from toppling over.
• A wash basin with adequate clean water and soap shall be provided alongside each toilet. Staff shall be encouraged to wash their hands after use of the toilet, in order to minimise potential spread of diseases.
Traffic management on site • Use of warning signage such as speed limits near residential/market areas, and tapes where the trenches are open and on active sites.
Possible impacts Mitigation Measures
• Employ and train road safety marshalls who will be responsible for management of traffic on sites.
• Contractor to provide a traffic management plan during construction to be approved by the resident engineer.
Risk of encroachment and construction of structures on the sewer wayleaves.
• Mapping and installation of beacons will be undertaken to mark the width of the pipeline reserve.
• Regular inspection of the sewerage corridor for possible encroachment.
• Prosecution of encroachers as required by
City County By-laws on way leaves and road reserve maintenance.
• Conduct public sensitization programs to minimize encroachment and interference on way leaves and public reserve land.
Contractor demobilization and site reinstatement
• The contractor shall ensure that the site is tidy and cleared of all construction materials, including litter and debris prior to handing over.
• Fences, barriers and demarcations associated with the construction phase must be removed from the site.
• Rehabilitation Activities of Environmental
Cases identified must continue throughout the defect liability period.
• Landscaping of degraded and bare lands must be undertaken before project hand over to the proponent.
The full report of the proposed project is available for inspection during working hours at:
(a) Principal Secretary, Ministry of Environment and Forestry, NHIF Building, 12th Floor, Ragati Road, Upper Hill, P.O.
Box 30126–00100, Nairobi.
(b) Director-General, NEMA, Popo Road, off Mombasa Road, P.O. Box 67839–00200, Nairobi.
(c) County Director of Environment, Kakamega County.
A copy of the report can be downloaded at www.nema.go.ke
The National Environment Management Authority invites members of the public to submit oral or written comments within thirty (30) days from the date of publication of this notice to the
Director-General, NEMA, to assist the Authority in the decision making process regarding this project.
Comments can also be emailed to dgnema@nema.go.ke
MAMO B. MAMO, Director-General, MR/3822983 National Environment Management Authority.
Dated the 19th August, 2022.
MAMO B. MAMO,
Director-General, National Environment Management Authority.
Extracted Entities (1)
previous_gazette_ref
9907
Details
- Act / Legislation
- THE ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION ACT
- Reference
- No. 8 of 1999
- Signed By
- MAMO B. MAMO
- Title
- Director-General, National Environment Management Authority
- Ministry
- Ministry of Environment And Forestry
- Date Signed
- 19th August 2022
- Page
- 36
- Extraction Method
- regex
Source Gazette
Vol. CXXIV No. 166
Published 25th March 2022